When a lot of people think about medical malpractice and medical negligence compensation claims, they usually think about things like injury as a result of carelessness during surgery. However, medical malpractice can cover a lot of other things, and it is important for doctors, nurses, and surgeons to provide responsible and adequate care that meets the high standards of the patients in every situation involved in treating people. This includes the things that come before surgical procedures, such as the recommendation for the surgery or treatment and the consultations that take place beforehand, which are supposed to explain the procedure properly to the patient and give them full information about any treatment that has been prescribed for them.
When medical malpractice is the result of poor recommendations by doctors, it can be that people undergo surgery or receive treatment that was unnecessary for them. Because almost all treatments and surgeries carry some risk, and some can have serious side-effects, it is important to understand that unnecessary treatment can be as harmful as a treatment that is performed incorrectly.
Here is some more information about medical malpractice and negligence in the case of people who have had a treatment that they did not need.
Treatment as a Result of Misdiagnosis
Sometimes, medical malpractice claims relating to treatment or surgery that the patient later discovers was unnecessary relate to a situation where they were misdiagnosed prior to receiving the treatment. It is only natural that in medicine, doctors are not right 100% all of the time. However, where a misdiagnosis can be shown to be the result of medical negligence, for instance, the correct and usual protocols were not followed in giving the diagnosis, or the doctor refused tests that would normally be done prior to a diagnosis, this would count as malpractice as opposed to a normal mistake in diagnosis. This can sometimes occur given that many conditions have similar symptoms and diagnosis itself is not an exact science yet. In some cases, the patient may have suspected that the diagnosis was incorrect, or that more tests needed to be done, but the doctor did not agree to address their concerns. This can often be a situation that leads to people seeking out the help of medical negligence UK solicitors to help them claim for compensation.
Misdiagnosis isn’t always a case of diagnosing one condition when the person actually has a different one; it can also cover things like false positives from tests where the patient may have appeared to have a condition they did not in fact have and the doctor went ahead with treatment without doing further tests prior to this recommendation. In these cases, a lot depends on the protocols and standards for treating and diagnosing the specific condition at hand.
Misdiagnosis can be a difficult area from a legal perspective because it will need to be proven that the doctor that made the diagnosis and recommended the treatment didn’t perform the proper due diligence in making the diagnosis in the first place.
Treatment That Caused Harm and was Unnecessary
Another situation where people tend to seek out the advice of medical malpractice solicitors is when a type of treatment that they underwent caused harm to them or had negative results, and they feel that the treatment itself wasn’t actually necessary. As an example, sometimes surgeries to correct problems with things like knees actually make the original problem worse and the patient may have been better off being presented with pain management as a solution rather than surgery. There can be all kinds of situations that fall under this umbrella and usually, the malpractice element is because of the doctor favouring one style of treatment and not presenting all of the alternatives or problems in the treatment itself.
This type of problem can also arise where someone is prescribed a type of treatment that is not suitable for them, perhaps because the doctor didn’t investigate their current health situation enough when making the recommendation for the type of treatment they should receive for a condition.
Standard Alternatives Were Not Presented
In a similar vein, people can sometimes believe they have been subject to medical negligence when it is recommended for them to have a particular type of treatment that is risky or invasive, for example, surgery, without being told about the standard alternatives to this. As an example, in some cases, the patient may be able to choose between having surgery and simply living with their condition using painkillers to manage it. If the surgery is presented as the only option for them, or the doctor simply refers them to a hospital without any real discussion, then they are not able to make the decision themselves as to whether or not the inherent risk involved in any kind of surgical intervention is worth it to them.
When it comes to alternatives, however, this would only cover things that would be recommended under standard medical protocols. It would not, for instance, cover somebody being recommended to undergo a course of antidepressants, but not being told about various herbal remedies or alternative therapies that some people believe are viable alternatives.
Private Procedures That Were ‘Hard Sold
Another problematic situation that can lead to medical negligence claims UK can be where a person is persuaded or pressured into having an elective procedure that they may not have otherwise agreed to. Elective procedures by their very nature are not necessary for the patient’s ongoing health. However, an elective procedure can still be seen as an unnecessary treatment if the patient is persuaded that a more invasive procedure than the one they sought out should be taken, or they are pressured into having a surgery they have looked into but are not completely convinced they want to have. This quite often occurs in the field of cosmetic surgery, but other private procedures, such as vasectomies and sterilisation, can sometimes be related to this type of medical malpractice claim.
What To Do If You Believe You Were Subject To Medical Malpractice or Negligence
If you think that you have received unnecessary treatment for any of these reasons, the first thing you need to do is look for the best medical negligence solicitors who will be able to advise you on moving forward with a UK medical negligence claim. There are lawyers who specialise in medical negligence and medical malpractice, one example being The Medical Negligence Experts, who offer direct advice as well as claims on a no win no fee basis.
When you first see your medical negligence UK solicitors, you will need to provide as much evidence as you can to support your claim. This can include things like reports or assessments you have had by other doctors both before and after treatment, and records of the treatment that you’ve had. The first consultation with medical negligence solicitors UK will usually be free, and it may be required for the solicitors to go away and do some research into your case before they can make a decision as to whether or not it is likely to result in a successful compensation claim.
Should the solicitors decide to go ahead with representing you and your case, a lot of medical negligence lawyers UK will be willing to operate on a no win no fee basis, which means your legal fees will be paid out of the compensation should you win and you will not have to face any upfront costs, or pay for the legal services if your claim is not successful.
Medical negligence and malpractice is a very serious issue and so it is important that people who have suffered as a result of it come forward and make claims, so that the industry can become better regulated and these situations will affect fewer people in the future.